| 32-05 Newton Ave. Assoc., LLC v Rosa E. Caguana |
| Motion No: 2013-02359 QC |
| Slip Opinion No: 2014 NY Slip Op 77150(U) |
| Decided on July 3, 2014 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| 32-05 Newton Ave. Assoc., LLC, Respondent, v Rosa E. Caguana, Appellant. |
Motion by respondent on an appeal from a decision of the Civil Court of the City of New York, Queens County, dated October 11, 2013, to vacate a stay granted by decision and order on motion of this court dated December 16, 2013. Separate motion by appellant for an enlargement of time to serve and file papers in opposition to respondent's motion, and for other relief.
Upon the papers filed in support of the motions, and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that appellant's motion is granted to the extent that the papers in opposition are deemed timely served and filed, and the motion is otherwise denied without prejudice to appellant seeking the relief on appeal; and it is further,
ORDERED that respondent's motion is denied on condition that appellant continue to deposit into court use and occupancy at the rate previously payable as rent as the same becomes due; and it is further,
ORDERED that in the event the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk